Nod to changes to widen transgender definition

NEW DELHI: Cabinet Tuesday approved a proposal to amend the Transgender Persons (Protection of Rights) Act, 2019, seeking to expand the definition of transgender persons in what is being cited as an attempt to make the law more "inclusive" so that all bona fide persons receive benefits and protection.

There has been debate over the implementation of the law, with community leaders raising concerns from time to time. Even Supreme Court has expressed concern over the tardy implementation of the law.

While no official details of proposed changes were shared Tuesday, TOI has learnt that the bill proposes to bring clarity to the definition of transgender persons compared to the current provision. Officials said the bill proposes that the criteria for identifying transgenders would be spelt out more elaborately and ensure there is no misuse of provisions.

The Transgender Persons (Protection of Rights) Act, 2019, which came into effect on Jan 10, 2020, lays down provisions to provide legal recognition, prohibit discrimination, and mandate welfare measures for transgender individuals. The rules to implement the law were notified on Sept 25, 2020.

Sec 2 of the law deals with definitions and states that a "transgender person" includes trans-men/women, intersex persons, gender queer individuals, hijra and others, irrespective of surgery.

"A 'transgender person' means a person whose gender does not match with the gender assigned at birth and includes trans-man or trans-woman (whether or not such person has undergone sex reassignment surgery or hormone therapy), person with intersex variations, genderqueer and persons having such socio-cultural identities as kinner, hijra, aravani and jogta," the law states.

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